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<head>1825. July 3<lb/> Procedure Code</head> <!-- in pencil apart from Ch and section symbol --> <p><note><sic>Ch.</sic> Preface<lb/>§. Reason all in all<lb/> characteristic of this<lb/> Code</note></p> <!-- numbers in pencil --> <p> Reason all in <del><gap/></del> all (1) Rudiments (1)</p> <p>§§</p> <p> Action of <hi rend="underline">will</hi> < | <head>1825. July 3<lb/> Procedure Code</head> <!-- in pencil apart from Ch and section symbol --> <p><note><sic>Ch.</sic> Preface<lb/>§. Reason all in all<lb/> characteristic of this<lb/> Code</note></p> <!-- numbers in pencil --> <p> Reason all in <del><gap/></del> all (1) Rudiments (1)</p> <p>§§</p> <p> Action of <hi rend="underline">will</hi> <sic>maximized</sic>: of reason <add>understanding</add> <sic>minimized</sic>.<lb/> Action of <hi rend="underline">reason</hi> <sic>maximized</sic>: of will, <sic>minimized</sic>.<lb/> By the first of these aphorisms is designated<lb/>the state of legislation drawn to the present time: by<lb/> the <del><gap/></del> second the state of <add>in which</add> that process is here<lb/> established; and in which form henceforward it will<lb/> begin to be established: the first the <add>wild & </add> barbarian state:<lb/> the second the <gap/> state</p> <p><foreign>Optimus</foreign> legislation gave minimum <foreign>judice <gap/></foreign>:<lb/> <foreign>optimus judice</foreign> gives minimum <foreign>sibi</foreign>. So <unclear>came</unclear><lb/>Lord Bacon: and so saying he was as right as to what <add> in respect of</add> <lb/> regards the needs as to the means he says nothing: now<lb/> writing when he did, that was perhaps the best thing he <add> a better thing perhaps he could not have</add> <lb/> could have said for <del>the</del> <gap/> that therein <add><del>the</del></add> which<lb/> Law should have for his governess was at that time<lb/> lost in his cradle</p> <p><del>Wit</del> Having for <del>the</del> government <add> governing Judges</add> no better instrument<lb/>better than general will — the Legislator will often then<lb/> be set <add>for <gap/></add> at nought. <del>For</del> by <del>the</del> particular will acting in<lb/> the breast of the Judge, his general will will be broken<lb/> through and frustrated. The Legislator is omnipresent<lb/> only in fiction only: the Judge the aggregate of Judges<lb/>in reality. The Legislator guided at one time by one law<lb/> <del>la</del> <add>at</add> another, sometimes <del>may</del> awake, sometimes asleep <add><gap/> <gap/></add><lb/> act <add>operate</add> only fits and starts: the Judge, <del>having</del> being continually<lb/> <gap/> having before him nothing more than a particular<lb/> portion of the legislative <gap/>: <add>by individual occurances</add> the eye of the Judge is at all <lb/>times <gap/> to every particular part of it</p> | ||
1825. July 3
Procedure Code
Ch. Preface
§. Reason all in all
characteristic of this
Code
Reason all in all (1) Rudiments (1)
§§
Action of will maximized: of reason understanding minimized.
Action of reason maximized: of will, minimized.
By the first of these aphorisms is designated
the state of legislation drawn to the present time: by
the second the state of in which that process is here
established; and in which form henceforward it will
begin to be established: the first the wild & barbarian state:
the second the state
Optimus legislation gave minimum judice :
optimus judice gives minimum sibi. So came
Lord Bacon: and so saying he was as right as to what in respect of
regards the needs as to the means he says nothing: now
writing when he did, that was perhaps the best thing he a better thing perhaps he could not have
could have said for the that therein the which
Law should have for his governess was at that time
lost in his cradle
Wit Having for the government governing Judges no better instrument
better than general will — the Legislator will often then
be set for at nought. For by the particular will acting in
the breast of the Judge, his general will will be broken
through and frustrated. The Legislator is omnipresent
only in fiction only: the Judge the aggregate of Judges
in reality. The Legislator guided at one time by one law
la at another, sometimes may awake, sometimes asleep
act operate only fits and starts: the Judge, having being continually
having before him nothing more than a particular
portion of the legislative : by individual occurances the eye of the Judge is at all
times to every particular part of it
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1825-07-03 |
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057 |
procedure code |
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257 |
procedure code rudiments |
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001 |
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1 |
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jeremy bentham |
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18587 |
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